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Court strikes down Va. sodomy law

Ruling in case of straight man said to apply to gays

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Supreme Court, gay news, Washington Blade
Supreme Court, gay news, Washington Blade

The U.S. Supreme Court struck down sodomy laws as unconstitutional back in 2003, but such laws remain on the books in some states. (Washington Blade file photo by Michael Key)

A federal appeals court handed down a 2-1 decision on Tuesday striking down a section of Virginia’s “Crimes Against Nature” statute that outlaws sodomy between consenting adults, gay or straight.

The 4th U.S. Circuit Court of Appeals issued its ruling in a case in which a 37-year-old married man was charged in 2005 with soliciting another woman, who was 17, to engage in oral sex.

William Scott MacDonald, who lived at the time in the City of Colonial Heights, was convicted of a misdemeanor offense of contributing to the delinquency of a minor and of a felony offense of solicitation for sodomy.

The 4th Circuit federal appeals panel overturned his conviction by a trial judge on the solicitation charge and reversed two lower court rulings that upheld the trial court decision – all on grounds that the 2003 U.S. Supreme Court ruling of Lawrence v. Texas rendered the Virginia anti-sodomy law unconstitutional.

“It is shameful that Virginia continued to prosecute individuals under the sodomy statute for ten years after the Supreme Court held that such laws are unconstitutional,” said Rebecca Glenberg in a statement on behalf of the ACLU of Virginia. The ACLU filed a friend-of-the-court brief supporting MacDonald’s appeal.

“This ruling brings an end to such prosecutions,” she said

The New York-based gay litigation group Lambda Legal Defense and Education Fund also submitted a friend-of-the-court, or amicus, brief on MacDonald’s behalf, according to a notation on the federal appeals court’s 30-page opinion.

A spokesperson for Lambda couldn’t immediately be reached for comment.

“In Lawrence, the Supreme Court plainly held that statutes criminalizing private acts of consensual sodomy between adults are inconsistent with the protections of liberty assured by the Due Process Clause of the Fourteenth Amendment,” said the majority opinion in Tuesday’s appeals court ruling.

Judge Robert King, who wrote the majority opinion, and Judge Diana Gribbon Motz, who joined King in the ruling, rejected arguments by the Virginia Attorney General’s office and rulings by two lower courts that the Lawrence decision didn’t apply to cases involving minors.

King noted in his opinion that current Virginia law, under the parameters of the Lawrence decision, can only prohibit an adult from soliciting sodomy from someone under the age of 15, which is the legal age of consent in the state.

“Thus, although the Virginia General Assembly might be entitled to enact a statute specifically outlawing sodomy between an adult and an older minor, it has not seen fit to do so,” he wrote in his opinion.

Brian Gottstein, a spokesperson for the Virginia Attorney General’s office, told the Richmond Times Dispatch the office “was reviewing the decision and will consider our options.”

The Times Dispatch reported that MacDonald and his wife have since moved to North Carolina. The paper reported that the wife, Carolynn MacDonald, said her husband is a combat veteran suffering from post-traumatic stress disorder.

“He’s enjoying today, but having a difficult time with it,” the Times Dispatch quoted her as saying.

In its summary of the background of the case, the 4th Circuit Appeals Court opinion states that it was MacDonald who triggered an investigation that led to his arrest. It cites trial court records as showing the 17-year-old girl turned down MacDonald’s request that she perform oral sex on him and appeared to let the matter drop.

But according to court records, MacDonald later called the police to report that the 17-year-old solicited him for sex. In an official police report, he told a detective that the 17-year-old “forcibly removed his penis from his pants and performed oral sex against his will.”

After interviewing the 17-year-old, the detective determined that her strong denials that she sought to have sex with MacDonald had far more credibility than MacDonald’s allegations. The detective obtained warrants for MacDonald’s arrest, starting the chain of events that led to Tuesday’s court ruling overturning the state sodomy law.

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Baltimore

The government pressured USA Rugby to ban transgender women. A Baltimore team refused to comply.

Ferals is a women’s-plus team within the Flamingos

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Harper Ockert runs drills with teammates at Utz Field in Patterson Park during rugby practice with her team, the Ferals. (Photo by Jessica Gallagher of the Baltimore Banner)

By KYLE GOON | It was midmorning, and the March winds lashed against the faces of the players on the Ferals rugby team as they suited up at a park in Frederick. The turf was frozen.

Harper Ockert, 24, wrapped her left knee with tape, stabilizing her joint for the jarring hits to come. She had struggled to sleep the night before, but her anxiety was not strictly about the game.

She and her teammates were preparing to defy newly enacted rules set by the sport’s governing body. A nervous energy thrummed in her chest as she considered what her defiance meant.

Ockert is a transgender woman who plays for the Ferals — the women’s-plus team within the Baltimore Flamingos rugby club. Three of her teammates are trans women, too. They had played games for the Ferals before, but this match at Walnut Ridge Park was the team’s first since USA Rugby had shifted its policy to allow only people assigned female at birth to play women’s rugby.

The rest of this article can be found on the Baltimore Banner’s website.

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Virginia

LGBTQ community center opens in Leesburg, Va.

Equality Loudoun holds ribbon-cutting ceremony at new space

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Equality Loudoun staff and volunteers join with local elected officials and supporters in cutting a rainbow ribbon to mark the opening of the Equality Loudoun Community Center in Leesburg, Va. on Saturday. (Washington Blade photo by Michael Key)

A group of supporters crowded inside of the new Equality Loudoun Community Center in Leesburg, Va. on Saturday for an open house and ribbon-cutting ceremony. Air quality issues stemming from the wildfires in Canada required the ceremony to be held indoors. Local elected officials were joined by LGBTQ community organizers and supporters to mark the occasion.

The Virginia LGBTQ organization Equality Loudoun was founded in 2003 and organized the first Loudoun Pride Festival in 2022. The Equality Loudoun Community Center, located in the Village at Leesburg shopping area (1507 Dodona Terrace SE, Suite 105, Leesburg, Va.), will now house the organization’s community and youth programming.

“This is a day that we have anticipated for some time,” said Sean Murphy, Equality Loudoun vice president. “Equality Loudoun was founded in 2003 and has been migrating from place to place to wherever will have us to host our meetings, to host our gatherings. We are so grateful to our many, many allies that have provided space for us.”

Murphy continued, “We really have believed for a long time that it’s important for us to have a home, a place to anchor the community, a place for people to feel belonging, and a place for people to find one another, and find people who are like them and have something in common.”

Attendees of the ceremony included Leesburg Mayor Kelly Burk, Leesburg Vice Mayor Todd Cimino-Johnson, Leesburg District Supervisor Kristen C. Umstattd of the Loudoun County Board of Supervisors, and U.S. Rep. Suhas Subramanyam (D-Va.).

‘This new community space is more than just a building: it’s an investment in people,’ said Leesburg Mayor Kelly Burk at the Equality Loudoun Community Center ribbon-cutting ceremony. (Washington Blade photo by Michael Key)

“I wish that there was a place like this when I was teaching,” Mayor Burk, a retired Loudoun County Public Schools special education teacher, told the crowd. “So often, I’d have a student, and there was nowhere to send them. They were looking around, trying to see: ‘who’s like me, where can I go, where can I relate, what is happening?’ Middle school is terrible for everybody. But it’s especially terrible if you’re different. And so, I congratulate you on the fact that you had the initiative to do this, the guts to continue it, and the tenacity to make it happen.”

Programming at the LGBTQ community center will include youth programming, game nights and support groups, according to Equality Loudoun Executive Director Katie Cash.

Cash told the Blade, “That’s actually a new thing that we’re branching into that we received a grant this year for: to focus on youth activities. So we’ll have youth support groups that we’re going work with the Ryan Bartell organization on. Additionally, we’ll have other peer support groups that are run by organizations that are in the space. We’ll have craft nights, we’ll have activity nights, so it’ll be open for drop-in hours on different days as well. On top of normal programming that we’ve been doing as an organization, which can be a series of different craft [activities], social activities, game nights, movie nights, that we’ve been doing for years. Instead of hunting for locations.”

Equality Loudoun is primarily funded through donations, according to Cash. Those interested in supporting the work of the organization and community center can visit eqloco.org for more information.

When asked about future programming at the center, Cash told the Blade that they are seeking feedback from the community.

“We have all the dreams that we have for the space,” Cash said. “But everything’s built off of what kind of resources, what kind of events does the community want hosted? What will they come out for? What do they care about coming out for, and making sure that happens for them.”

(Washington Blade photo by Michael Key)

Rep. Subramanyam told the Blade, “I’m just so excited about this community center. Equality Loudoun has been so instrumental to so many people in our community. And for them to finally have this center — and it’s been part of their vision for a long time — just is an incredible experience. So I’m so proud to be a supporter of them and I look forward to the center being a sanctuary and a place for people to turn to for many years to come.”

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Baltimore

Popular Mount Vernon gay bar Leon’s to temporarily close after owner’s death

Ron Singer passed away on July 7

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Leon’s Backroom Bar in Mount Vernon. (Photo by Jessica Gallagher for the Baltimore Banner)

By WESLEY CASE | Leon’s Backroom, Baltimore’s oldest gay bar, temporarily shut down after service on Wednesday night, according to a post on the business’s Instagram page.

The announcement comes a little more than a week after the death of the Mount Vernon bar’s owner, Ron Singer, who died at 66 on July 7.

The rest of this article can be found on the Baltimore Banner’s website.

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